Burger King loses trademark battle against Indian restaurant with same name

Last week, the Pune District Court dismissed a lawsuit filed by Burger King Corporation, alleging trademark infringement by the Burger King restaurant in Pune, located in the western state of Maharashtra.

The court determined that the Indian restaurant had been in operation since 1992, well before the multinational company entered the Indian market.

The district judge, Sunil G. Vedpathak, also rejected a counterclaim filed by the Pune-based restaurant, according to the Hindustan Times.

Burger King Corporation launched its first outlet in India in November 2014, starting in Delhi, and expanded to Pune the following year. The company claimed that it had issued a cease and desist notice in 2009 after discovering that Anahita Irani and Shapoor Irani, a couple in Pune, were using the name “Burger King” for their restaurant.

The Indian couple argued that the corporation could not claim any common law rights, as there were no Burger King restaurants operating in India at the time.

According to the Independent, Burger King Corporation subsequently filed a lawsuit in 2011, alleging trademark infringement by the Pune restaurant and seeking damages.

The Iranis countered that they had been using the name since 1992, well before the American chain’s entry into India. They also noted that their logos were distinct, preventing any confusion between their restaurant and the global chain.

During the legal proceedings, the Iranis eventually changed the name of their restaurant to “Burger.” They also filed a counterclaim against the fast-food giant, seeking 2 million rupees (US$23,800) in damages, arguing that the lawsuit had negatively impacted their business. However, the court dismissed their claim, citing a lack of evidence to prove actual damages.

But the Pune restaurant was not held liable for any damages to Burger King Corporation.